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Sullivan v. Board of Education of the Eastchester Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1989
154 A.D.2d 664 (N.Y. App. Div. 1989)

Opinion

October 30, 1989

Appeal from the Supreme Court, Westchester County (Buell, J.).


Ordered that the order is affirmed, with costs.

Pursuant to the prior order of this court (Sullivan v Board of Educ., 131 A.D.2d 836), the plaintiff served an amended notice of claim and amended complaint to remedy omissions in the originals (see, General Municipal Law § 50-e; Tucker v Long Is. R.R. Co., 128 A.D.2d 517). The claims asserted in the amended complaint are based upon the same transactions and occurrences as the claims asserted in the original notice of claim and complaint. Since the defendants were provided with timely notice of the transactions and occurrences giving rise to the claims asserted in the amended complaint, it may properly be deemed to have been timely interposed pursuant to the relation-back provision of CPLR 203 (e) (see, Caffaro v Trayna, 35 N.Y.2d 245). Kunzeman, J.P., Rubin, Harwood and Balletta, JJ., concur.


Summaries of

Sullivan v. Board of Education of the Eastchester Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1989
154 A.D.2d 664 (N.Y. App. Div. 1989)
Case details for

Sullivan v. Board of Education of the Eastchester Union Free School District

Case Details

Full title:JOHN F. SULLIVAN, Respondent, v. BOARD OF EDUCATION OF THE EASTCHESTER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 30, 1989

Citations

154 A.D.2d 664 (N.Y. App. Div. 1989)
546 N.Y.S.2d 665

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